United Nations A/HRC/WG.6/15/ISR/2

General Assembly Distr.: General9 November 2012

Original: English

Human Rights CouncilWorking Group on the Universal Periodic ReviewFifteenth session21 January–1 February 2013

Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21

Israel

The present report is a compilation of the information contained in the reports of treaty bodies and special procedures, including observations and comments by the State concerned, and of the Office of the High Commissioner for Human Rights (OHCHR), and other relevant official United Nations documents. It is presented in a summarized manner due to word-limit constraints. For the full text, please refer to the document referenced. This report does not contain any opinions, views or suggestions on the part of OHCHR other than those contained in public reports and statements issued by the Office. It follows the general guidelines adopted by the Human Rights Council in its decision 17/119. Information included herein has been systematically referenced in endnotes. The report has been prepared taking into consideration the periodicity of the review and developments during that period.

GE.12-18075

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I. Background and framework

A. Scope of international obligations1

International human rights treaties2

Status during previous cycle Action after review Not ratified/not accepted

Ratification, accession or succession

ICERD (1979)

ICESCR (1991)

ICCPR (1991)

CEDAW (1991)

CAT (1991)

CRC (1991)

OP-CRC-AC (2005)

OP-CRC-SC (2008)

CRPD (signature only, 2007)

CRPD (2012) ICCPR-OP 2

OP-CAT

ICRMW

CPED

Reservations, ICERD

1 ? Unless indicated otherwise, the status of ratifications of instruments listed in the table may be found at the official website of the United Nations Treaty Collection database, Office of Legal Affairs of the United Nations Secretariat, http://treaties.un.org/. Please also refer to the United Nations compilation on Israel from the previous cycle (A/HRC/WG.6/3/ISR/2).

2 ? The following abbreviations have been used for this document:ICERD International Convention on the Elimination of All Forms of Racial

DiscriminationICESCR International Covenant on Economic, Social and Cultural RightsOP-ICESCR Optional Protocol to ICESCRICCPR International Covenant on Civil and Political RightsICCPR-OP 1 Optional Protocol to ICCPRICCPR-OP 2 Second Optional Protocol to ICCPR, aiming at the abolition of the death

penaltyCEDAW Convention on the Elimination of All Forms of Discrimination against

WomenOP-CEDAW Optional Protocol to CEDAWCAT Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or PunishmentOP-CAT Optional Protocol to CATCRC Convention on the Rights of the ChildOP-CRC-AC Optional Protocol to CRC on the involvement of children in armed

conflictOP-CRC-SC Optional Protocol to CRC on the sale of children, child prostitution and

child pornographyOP-CRC-IC Optional Protocol to CRC on a communications procedureICRMW International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their FamiliesCRPD Convention on the Rights of Persons with DisabilitiesOP-CRPD Optional Protocol to CRPDCPED International Convention for the Protection of All Persons from Enforced

Disappearance2

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Status during previous cycle Action after review Not ratified/not accepted

declarations and/or understandings

(Reservation, art. 22, 1979)

ICCPR (Reservation, art. 23; declaration arts. 4, para. 1, and 9, 1991)

CEDAW (Reservation, arts. 7 (b) and 16 / Declaration, art. 29, para. 1, 1991)

CAT (Reservation, arts. 20 and 30, para. 1, 1991)

Complaint procedures, inquiry and urgent action3

ICERD, art. 14

OP-ICESCR

ICCPR, art. 41

ICCPR-OP 1

OP-CEDAW

CAT, arts. 20, 21 and 22

OP-CRC-IC

ICRMW

OP-CRPD

CPED

Other main relevant international instruments

Status during previous cycle Action after review Not ratified4

Ratification, accession or succession

Convention on the Prevention and Punishment of the Crime of Genocide (1950)

1951 Convention relating to the Status of Refugees (1954) and its 1967 Protocol (1968)

1954 Convention relating to the Status of Stateless Persons (1958)

Geneva Conventions of 12

Palermo Protocol (2008)7

Rome Statute of the International Criminal Court

1961 Convention on the Reduction of Statelessness (signature only, 1961)

Additional Protocols I and II to the Geneva Conventions of 12 August 19498

3 ? Individual complaints: ICCPR-OP 1, art 1; OP-CEDAW, art. 1; OP-CRPD, art. 1; OP-ICESCR, art. 1; OP-CRC-IC, art. 5; ICERD, art. 14; CAT, art. 22; ICRMW, art. 77; and CPED, art. 31. Inquiry procedure: OP-CEDAW, art. 8; CAT, art. 20; CPED, art. 33; OP-CRPD, art. 6; OP-ICESCR, art. 11; and OP-CRC-IC, art. 13. Inter-State complaints: ICCPR, art. 41; ICRMW, art. 76; CPED, art. 32; CAT, art. 21; OP-ICESCR, art. 10; and OP-CRC-IC, art. 12. Urgent action: CPED, art.30.

4 ? As at 30 July 2012.3

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August 1949 (1951) and Additional Protocol III thereto (2007)5

ILO fundamental conventions6

UNESCO Convention against Discrimination in Education (1961)

ILO Conventions No. 169 and No. 1899

1. In 2010, the Committee on the Rights of the Child (CRC) recommended that Israel ratify the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, 1997, and the Convention on Cluster Munitions, 2008.10

2. In 2009, the Committee against Torture (CAT) encouraged Israel to make the declarations under articles 21 and 22 of the Convention11 and to withdraw its declaration prohibiting article 20 inquiries.12 In 2011, the Committee on the Elimination of Discrimination against Women (CEDAW) urged Israel to withdraw its reservations to the Convention.13 In 2012, Committee on the Elimination of Racial Discrimination (CERD) encouraged Israel to make the optional declaration under article 14.14

3. In 2012, the Human Rights Council reaffirmed the right of the Palestinian people to self-determination.15 The General Assembly, the Security Council, the International Court of Justice and the United Nations High Commissioner for Human Rights have also reaffirmed the right of the Palestinian people to self-determination.16

5 ? Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (First Convention); Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (Second Convention); Geneva Convention relative to the Treatment of Prisoners of War (Third Convention); Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Convention); Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III). For the official status of ratifications, see Federal Department of Foreign Affairs of Switzerland, at: www.eda.admin.ch/eda/fr/home/topics/intla/intrea/chdep/warvic.html.

6 ? International Labour Organization Convention No. 29 concerning Forced or Compulsory Labour (ratified in 1955); Convention No. 105 concerning the Abolition of Forced Labour (ratified in 1958); Convention No. 87 concerning Freedom of Association and Protection of the Right to Organise (ratified in 1957); Convention No. 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively (ratified 1957); Convention No. 100 concerning Equal Remuneration for Men and Women Workers for Work of Equal Value (ratified in 1965); Convention No. 111 concerning Discrimination in Respect of Employment and Occupation (ratified in 1959); Convention No. 138 concerning Minimum Age for Admission to Employment (ratified in 1979); Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ratified in 2005).

7 ? Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

8 ? Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I); Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). For the official status of ratifications, see Federal Department of Foreign Affairs of Switzerland, at www.eda.admin.ch/eda/fr/home/topics/intla/intrea/chdep/warvic.html.

9 ? ILO Conventions No. 169 concerning Indigenous and Tribal Peoples in Independent Countries and No. 189 concerning Decent Work for Domestic Workers.

10 ? Concluding observations of the Committee on the Rights of the Child (CRC/C/OPAC/ISR/CO/1), para. 32.

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B. Constitutional and legislative framework

4. In 2010, the Human Rights Committee (HR Committee) recommended that Israel amend its Basic Laws and other legislation to include the principle of non-discrimination.17

CEDAW remained concerned that the Basic Law: Human Dignity and Liberty (1992) did not contain a provision on equality between women and men and the prohibition of discrimination against women.18

5. CERD was concerned that no prohibition of racial discrimination had been included in the Basic Law; neither did Israeli legislation contain a definition in accordance with the Convention.19

6. CAT reiterated its concern that a crime of torture, as defined in the Convention, had not been incorporated into Israeli legislation.20

7. CERD was concerned at the existence of two sets of laws, one for Palestinians and another for Jewish settlers who resided in the same territory, namely the West bank, including East Jerusalem, and were not subject to the same justice system.21

8. UNHCR recommended that Israel adopt legislation that, inter alia, would govern the asylum procedure in Israel, including the incorporation of the principle of non-refoulement and the inclusion of gender-based persecution as a ground for refugee status.22 CAT also recommended that the principle of non-refoulement be incorporated into the domestic legislation.23

C. Institutional and human rights infrastructure and policy measures

9. The Committee on Economic, Social and Cultural Rights (CESCR)24 and CEDAW25

recommended that Israel establish an independent national human rights institution in compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles). CERD made a similar recommendation.26

II. Cooperation with human rights mechanisms

10. In 2010, the Human Rights Council held an urgent debate on the raid on the flotilla by Israeli Defense Forces.27 The High Commissioner for Human Rights observed that the main conclusions of the fact-finding mission had yet to be met with effective action by the Israeli authorities, and that Israel had not cooperated with the mission.28 The High Commissioner noted that there had neither been prosecutions nor an effective remedy for the crimes and violations noted by the fact-finding mission with regard to the incident of the humanitarian flotilla.29

17 ? Concluding observations of the Human Rights Committee (CCPR/C/ISR/CO/3), para. 6.

18 ? CEDAW/C/ISR/CO/5, paras. 10 and 11.19 ? CERD/C/ISR/CO/14-16, para. 13.20 ? CAT/C/ISR/CO/4, para. 13.21 ? CERD/C/ISR/CO/14-16, para. 27.22 ? UNHCR submission, pp. 3-4.23 ? CAT/C/ISR/CO/4, para. 22.24 ? Concluding observations of the Committee on Economic, Social and Cultural Rights

(E/C.12/ISR/CO/3), para. 7.25 ? CEDAW/C/ISR/CO/5, para. 52.26 ? CERD/C/ISR/CO/14-16, para. 17.

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11. On 14 May 2012, Israel informed the Human Rights Council President that it had decided to suspend its relationship with the Council.30 The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, has noted the continuing non-cooperation of Israel with its mandate.31

A. Cooperation with treaty bodies32

1. Reporting status

Treaty body

Concluding observations included in previous review

Latest report submitted since previous review

Latest concluding observations Reporting status

CERD March 2007 2010 February 2012 Seventeenth to nineteenth reports due 2016

CESCR May 2003 2009 December 2011 Fourth report due 2016

HR Committee

August 2003 2008 July 2010 Fourth report due 2013

CEDAW July 2005 2009 January 2011 Sixth report due 2015

CAT November 2001 2006 May 2009 Fifth report due 2013

CRC October 2002 2010 January 2010 Second to fourth reports: pending consideration in 2012. Initial OP-CRC-AC report reviewed in January 2010. Initial OP-CRC-SC report overdue since 2010

2. Responses to specific follow-up requests by treaty bodies

Concluding observations

Treaty body Due in Subject matter Submitted in

HR Committee 2011 Military blockade of the Gaza Strip; legislation on the crime of torture; juvenile justice system under Israeli legislation and under military orders in the West Bank; Bedouin population’s right to their ancestral land and traditional livelihood.33

201134

CAT 2010 Basic safeguards for detainees; allegations of torture and ill-treatment by Israeli interrogators; complaints and need for independent investigations; summary deportations; house demolitions.35

201036 (further information was requested)37

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CEDAW 2013 Violence against Palestinian women and girls from both State (Israeli soldiers) and non-State (inter alia settlers) actors; civil marriage and divorce.38

–

CERD 2013 Discriminatory laws; discriminatory laws especially targeting Palestinian citizens of Israel; ratification of ICRMW.39

–

B. Cooperation with special procedures40

Status during previous cycle Current status

Standing invitation

No No

Visits undertaken Violence against women (visit to the Oc-cupied Palestinian Territory (OPT) only, 13–18 June 2004)

Human rights defenders (5–11 Oct. 2005)

Summary executions; Adequate housing; Health; and Internally displaced persons (10–14 Sept. 2006, joint mission)

Terrorism (3–10 July 2007)

Children and armed conflict (13–20 April 2007)

Occupied Palestinian Territories (six visits to OPT; last one in the previous period 25 Sept.–1 Oct 2007)

Freedom of religion (20–27 Jan. 2008)

Adequate housing (30 January to 12 February 2012)

Freedom of expression (6–17 December 2011)41

Occupied Palestinian Territories (10–20 February 2012)42

Visits agreed to in principle

None None

Visits requested Special Rapporteur on torture, requested in 2002, follow-up request in 2007; Special Rapporteur on violence against women, re-quested in 2001; Special Rapporteur on ad-equate housing, requested in 2005

Summary executions (2009)

Racism (2008)

Education (2009)

Violence against women (2009)

Indigenous peoples (2010)

Occupied Palestinian Territories (2011 and 2012)

Responses to letters of allegations and urgent appeals

During the period under review, 52 communications were sent. The Government replied to 18 of these communications.43

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Status during previous cycle Current status

Follow-up reports and missions

-

12. In 2010, 2011 and 2012, the Human Rights Council adopted resolutions on the human rights situation in the Occupied Palestinian Territory (OPT), including East Jerusalem.44 The Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 has noted the continuing non-cooperation,45 and has reiterated his request to Israel to cooperate with his mandate.46

C. Cooperation with the Office of the High Commissioner for Human Rights

13. The High Commissioner visited Israel and the OPT in February 2011.47 In May 2012, Israel suspended its relationship with OHCHR.48 Israel made annual contributions to OHCHR in 2008, 2009, 2010 and 2011,49 including to the United Nations Voluntary Fund for Victims of Torture in 2008 and 2009, and to the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery annually.50

III. Implementation of international human rights obligations, taking into account applicable international humanitarian law

A. Equality and non-discrimination

14. CERD noted that Israeli society maintained Jewish and non-Jewish sectors.51 It recommended that Israel: counter racism and xenophobia; strongly condemn racist and xenophobic statements by public officials and political and religious leaders; and remind public prosecutors and the judiciary of the importance of prosecuting even-handedly those responsible for racist acts.52

15. CERD urged Israel to prohibit policies/practices of racial segregation that disproportionately affect the Palestinian population in the OPT.53 The Secretary-General underscored the discriminatory nature of the Israeli policy/practice of promoting settlements in the West Bank, including East Jerusalem.54

B. Right to life, liberty and security of the person

16. In 2011, the Special Rapporteur on extrajudicial, summary or arbitrary executions sent a communication regarding alleged excessive use of force resulting in killings when Israeli security forces opened fire against protesters in the OPT.55 He noted that the response of Israel did not clarify to what extent the protesters represented a threat for the life of other individuals justifying the use of lethal force, nor did it provide information on prosecutions to bring to justice the alleged perpetrators.56

17. The HR Committee indicated that Israel should: protect every civilian’s right to life, including civilians in the Gaza Strip; exhaust all measures for the arrest and detention of a

40 ? For the official titles of special procedures, see www.ohchr.org/EN/HRBodies/SP/Pages/Themes.aspx and www.ohchr.org/EN/HRBodies/SP/Pages/Countries.aspx.

53 ? Ibid., para. 24.8

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person suspected of involvement in terrorist activities before resorting to the use of deadly force; and establish an independent body to investigate complaints.57

18. CAT was concerned over insufficient measures to protect and prevent the harm and deaths of Palestinian civilians of the Gaza Strip caused as a result of the Israeli military operation Cast Lead.58 CRC expressed similar concerns.59

19. CRC was concerned by the practice whereby Palestinian children were used as human shields and informants and urged Israel to ensure strict compliance with humanitarian law.60

20. CAT was concerned at the use of methods by Israeli security officials prohibited by the 1999 ruling of the Israeli Supreme Court, and that were alleged to take place before,

54 ? A/66/364, para. 4.11 ? Concluding observations of the Committee against Torture (CAT/C/ISR/CO/4), para.

36.12 ? Ibid., para. 37.13 ? Concluding observations of the Committee on the Elimination of Discrimination

against Women (CEDAW/C/ISR/CO/5), paras. 8 and 9. See also A/HRC/10/8/Add.2, para. 83.14 ? Concluding observations of the Committee on the Elimination of Racial

Discrimination (CERD/C/ISR/CO/14-16), para. 33.15 ? Human Rights Council resolution 19/15 of 22 March 2012.16 ? Human Rights Council resolutions 16/30 of 25 March 2011 and 19/15. See also

General Assembly resolutions 181 A and B (II) of 29 November 1947 and 194 (III) of 11 December 1948; Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002 and 1402 (2002) of 30 March 2002; International Court of Justice advisory opinion of 9 July 2004; opening remarks by the High Commissioner for Human Rights at a press conference in Jerusalem, 11 February 2011 (available from www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=10721&LangID=E).

27 ? See Human Rights Council resolution 14/1 of 2 June 2010.28 ? A/HRC/20/3/Rev.1, para. 16.29 ? Ibid., para. 12.30 ? Letter of 14 May 2012 from the Permanent Mission of Israel addressed to the

President of the Human Rights.31 ? A/66/373, para. 2.32 ? The following abbreviations have been used for this document:

CERD Committee on the Elimination of Racial DiscriminationCESCR Committee on Economic, Social and Cultural RightsHR Committee Human Rights CommitteeCEDAW Committee on the Elimination of Discrimination against WomenCAT Committee against TortureCRC Committee on the Rights of the Child

33 ? CCPR/C/ISR/CO/3, para. 26.34 ? CCPR/C/ISR/CO/3/Add.1.35 ? CAT/C/ISR/CO/4, para. 40.36 ? CAT/C/ISR/CO/4/Add.1.37 ? Letter dated 16 May 2012 from CAT to the Permanent Mission of Israel in

Geneva, available from www2.ohchr.org/english/bodies/cat/docs/followup/letter_Israel16052012.pdf.38 ? CEDAW/C/ISR/CO/5, para. 56.39 ? CERD/C/ISR/CO/14-16, para. 36.41 ? A/HRC/20/17/Add.2.

42 ? A/HRC/20/32.43 ? From 1 July 2008 to 12 September 2012.44 ? Human Rights Council resolutions 13/8 of 24 March 2010, 16/29 of 25 March 2011

and 19/16 of 22 March 2012.45 ? A/HRC/20/32, para. 1.46 ? A/67/379, para. 1.47 ? OHCHR, “UN human rights chief to visit Israel and the Occupied Palestinian

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during and after interrogations. It recommended that Israel ensure that allegations of torture and ill-treatment are investigated, perpetrators prosecuted and, if applicable, appropriate penalties imposed.61

21. CAT was concerned that Israel Security Agency interrogators using physical pressure in “ticking bomb” cases may not be held criminally responsible, and recommended removing necessity as a possible justification for the crime of torture. 62 The HR Committee made similar comments.63

22. The HR Committee was concerned at the State’s prolonged process of review regarding the state of emergency and at the use of administrative detention.64

23. CAT expressed concern that administrative detention did not conform to the Convention. It noted that the Unlawful Combatants Law No. 5762-2002, amended in 2008, allowed for the detention of non-Israeli citizens falling into that category.65 The Secretary-General recommended that Israel commission an independent review of its administrative detention policy with a view to terminating it.66

24. CAT recommended that Israel ensure that no one is detained in any secret detention facility under its control.67

25. CEDAW expressed concern regarding the detention conditions and treatment of Palestinian female prisoners.68

26. The United Nations special committee on Israeli practices in the OPT expressed concern about the treatment of Palestinian children in detention by Israeli security forces.69

27. CEDAW recommended that Israel ensure the prosecution and punishment of perpetrators of domestic and sexual violence.70 CESCR recommended that Israel define domestic violence as a crime in the Penal Code.71

C. Administration of justice, including impunity, and the rule of law

28. The Special Rapporteur on freedom of religion or belief stated that any advocacy of religious hatred that constituted incitement to discrimination, hostility or violence and related violent acts in Israel and in the OPT should be investigated, the perpetrators should be prosecuted, and redress and protection should be offered.72

29. The HR Committee expressed concern about the independence of oversight mechanisms of law-enforcement officials and the fact that despite allegations of torture, cruel, inhuman or degrading treatment and excessive use of force, only a few cases resulted in criminal investigations and sentences.73 CAT raised similar concerns.74

www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=10708&LangID=E.48 ? Letter of 14 May 2012 from the Permanent Mission of Israel addressed to the

President of the Human Rights.49 ? OHCHR, 2008 Report: Activities and Results, p. 174; OHCHR, 2009 Report:

Activities and Results, pp. 190, 208; OHCHR, Report 2010, pp. 101, 283; OHCHR, Report 2011, pp. 125, 129, 133, 147, 159 and 169.

50 ? OHCHR, Report 2010, p. 101; OHCHR, Report 2011, p. 159.51 ? CERD/C/ISR/CO/14-16, para. 11.52 ? Ibid., para. 23.55 ? A/HRC/19/44, p. 20.56 ? A/HRC/20/22/Add.4, para. 43.57 ? CCPR/C/ISR/CO/3, para. 10.58 ? CAT/C/ISR/CO/4, para. 29.59 ? CRC/C/OPAC/ISR/CO/1, paras. 10 and 11, see also paras. 37 and 38.60 ? Ibid., paras. 24 and 25.10

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30. In 2009, the Special Rapporteur on the independence of judges and lawyers sent a communication regarding the legal foundations and practices of the military justice system applied to Palestinians in the OPT. The Special Rapporteur regretted that the response from Israel had not addressed the concerns of jurisdiction by military courts over civilians not performing military functions or the concerns about the scope of the applicability of Military Order 378, especially when it related to minors.75

31. The HR Committee was concerned at differences in the juvenile justice system operating under Israeli legislation and that under military orders in the West Bank.76

32. CAT remained concerned at the differing definitions of a child in Israel, where legal age is attained at the age of 18, and in the occupied Palestinian territories, where legal age is attained at 16, recommending that Military order No. 132 be brought into line with international standards.77 CRC urged Israel to: rescind Military Orders Nos. 378 and 1591; never hold criminal proceedings against children in military courts and not subject children to administrative detention; and guarantee that juvenile justice standards are applied and that trials be conducted in a prompt and impartial manner, in accordance with minimum fair trial standards.78

33. CAT called upon Israel to ensure that detainees, without exception, are promptly brought before a judge and have prompt access to a lawyer.79

34. The Secretary-General referred to the lack of accountability for Israeli settlers for violence against Palestinians and their properties in the OPT.80

D. Right to privacy, marriage and family life

35. CERD reiterated its concern at discriminatory laws targeting Palestinian citizens of Israel and urged Israel to revoke the Citizenship and Entry into Israel Law (Temporary Provision) and facilitate family reunification.81 The HR Committee82, CESCR83 and CEDAW84 expressed similar concerns.

36. In 2009, the Special Rapporteur on freedom of religion or belief stated that the absence of provision for civil marriage effectively denied a large number of persons the right to marry in Israel.85 CEDAW called upon Israel to: introduce an optional system of civil marriage and divorce; harmonize religious laws governing marriage and divorce with the Convention; and eliminate discriminatory provisions against women.86

37. CESCR was concerned that, in the case of a divorce, custody of children up to the age of six was always given to mothers, and that fathers were often required to pay child support that exceeded their income, and if not that their freedom of movement was curtailed.87

E. Freedom of movement

38. The HR Committee expressed concern at restrictions to freedom of movement imposed on Palestinians, particularly persons residing in the “Seam Zone” between the wall and Israel.88

39. The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression stated that Israel had an obligation to justify the imposition of travel bans on human rights defenders and journalists.89

40. The HR Committee was concerned that, with the exception of 2007-2008, Israel had not processed any applications for renewal of West Bank visitor permits of foreign nationals, including spouses of West Bank residents, and applications for permanent

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residency status; and that persons in the West Bank holding residency permits with addresses in the Gaza Strip were being forcibly returned.90

41. The HR Committee was concerned at the effects of the blockade of the civilian population in the Gaza Strip, including restrictions to their freedom of movement, some of which had led to deaths of patients in need of urgent medical care. 91 CAT noted that the “blockade” had obstructed humanitarian aid distribution and limited other human rights. 92

Similar concerns were raised by the High Commissioner.93

42. The Secretary-General observed that Israel should take measures to allow freedom of movement for Palestinians throughout the OPT, including to remove travel bans on Palestinian human rights defenders.94

F. Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life

43. The HR Committee was concerned at disproportionate restrictions on access to places of worship for non-Jews.95 The Special Rapporteur on freedom of religion or belief recommended that all parties bind themselves legally to protect the rights of religious minorities96 and that, with regard to the protection and preservation of religious sites, Israel issue non-selective regulations and designate holy sites on a non-discriminatory basis.97

44. CERD was concerned about racist violence and vandalism acts on the part of Jewish settlers in the OPT targeting non-Jews, including Muslims and Christians and their holy places.98

45. In 2010, the Special Rapporteur on freedom of religion or belief and the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 sent a joint communication regarding religious tensions and clashes occurring between Palestinian youths and Israeli forces in relation to plans to include in the list of national heritage sites the Cave of the Patriarchs/Ibrahimi Mosque and Rachel’s Tomb.99

46. The HR Committee noted that persons whose conscientious objection to military service was not accepted may be repeatedly imprisoned, and urged that the Committee for Granting Exemptions from Defence Service for Reasons of Conscience be made fully independent and that persons submitting applications be heard and have the right to appeal decisions.100

47. In 2012, the Special Rapporteur on the right to freedom of opinion and expression called upon Israel to ensure that journalists in the West Bank, including East Jerusalem, can perform their duties without interference.101

48. The Special Rapporteur on the right to freedom of opinion and expression urged Israel to repeal Military Order 101 (which Israel applies in the OPT), and to ensure that there is no excessive use of force against peaceful protesters.102

49. CEDAW called upon Israel to ensure that the establishment/operations of civil society organizations are not restricted.103 In 2012, the High Commissioner for Human Rights expressed concerns about the impact on human rights organizations that the recently adopted Foreign Funding Law could have.104

50. In 2012, the Special Rapporteur on the situation of human rights defenders expressed concern at arrests, administrative detentions and restrictions to freedom of movement of human rights defenders working in Israel.105

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G. Right to work and to just and favourable conditions of work

51. CESCR was concerned about obstacles to employment by the Arab Israeli population and the concentration of members of the Arab, Druze and Circassian population in sectors of low wages.106

52. CESCR recommended that Israel implement measures to ensure equal pay for work of equal value, between men and women, in both the Jewish and the Arab Israeli population.107

53. CESCR was concerned that Palestinians living in the OPT and working in Israel were not allowed to be members of the General Federation of Laborers in Israel.108

H. Right to social security and to an adequate standard of living

54. CERD recommended that Israel ensure equal enjoyment of economic and social rights between Jewish and non-Jewish communities.109 CESCR recommended that Israel address poverty and social exclusion.110

55. CESCR called upon Israel not to hinder the enjoyment of the right of Palestinians living in East Jerusalem to social security.111

56. CESCR was concerned that Palestinians living in the OPT did not have access to sufficient and safe drinking water and adequate sanitation.112 The HR Committee113 and the Secretary-General114 expressed similar concerns.

57. CESCR urged Israel to ensure that Palestinians enjoy access to their agricultural lands, and recommended that it investigate the killings and injuries of workers in the buffer zone.115

58. The Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non discrimination in this context noted that the land and development model that excluded, discriminated against and displaced minorities in Israel was being replicated in the OPT, and that it appeared that the Israeli system violated the right to adequate housing, not only of Palestinians but also of low-income persons of all identities.116

59. CESCR called upon Israel to stop the revocation of residency permits of Palestinians living in East Jerusalem.117 Similar concerns were raised by the High Commissioner for Human Rights.118

60. CERD was concerned that construction permits were rarely granted to Palestinian and Bedouin communities and that demolitions principally targeted their properties.119

Similar concerns were raised by CEDAW120 and CAT.121 CESCR recommended that Israel reform its housing policy and the issuance of construction permits in East Jerusalem; prevent attacks by settlers against Palestinians in the West Bank, including East Jerusalem; and investigate and prosecute criminal acts committed by settlers.122

61. CESCR was concerned about the increasing food insecurity among, inter alia, older persons, the Jewish Ultra-Orthodox population and Palestinians living in the OPT.123

62. CERD remained concerned at the impact of the blockade and military operations in the Gaza Strip, and recommended that Israel respect humanitarian law in the OPT.124

Notwithstanding positive steps toward the resumption of meaningful economic activity, the Secretary-General observed that restrictions on passage through border crossings continued to negatively affect the population of the Gaza Strip125 and recommended that Israel lift the closure, in line with Security Council resolution 1860.126

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I. Right to health

63. CESCR recommended that Israel extend the coverage under the National Health Insurance Law to persons not in possession of a permanent residence permit.127

64. CEDAW was concerned that discrepancies remained in the infant and maternal mortality rates of Jewish, Israeli Arab and Bedouin communities; and that restrictions on movement in the OPT had had a negative impact on women’s health.128

J. Right to education

65. CERD was concerned about the existence of two education systems: one in Hebrew and one in Arabic.129

66. In 2010, the Special Rapporteur on the right to education sent a communication concerning the impact of the blockade on the school system in the Gaza Strip, 130 to which Israel provided a detailed reply.131

67. CESCR was concerned at restrictions on the movement of Palestinian children in the OPT, harassment by settlers of children and teachers on their way to and from school, attacks on educational facilities, and sub-standard school infrastructure.132

68. CEDAW recommended reducing the drop-out rates of Israeli Arab and Bedouin girls and increasing their numbers at institutions of higher education.133

K. Cultural rights

69. The HR Committee expressed concern at the limited use of the Arabic language by the authorities of Israel, including the absence of translations of leading cases of its Supreme Court into Arabic.134

70. The Special Rapporteur on the right to freedom of opinion and expression called on Israel to refrain from interfering with the content of textbooks used in Palestinian schools in East Jerusalem and to ensure unrestricted cultural activities.135

71. CESCR recommended that Israel ensure that Palestinians living in the OPT can exercise their right to take part in cultural and religious life.136

L. Persons with disabilities

72. CESCR was concerned about the high unemployment level of persons with disabilities.137

73. CESCR recommended that Israel ensure the inclusive education of children with disabilities.138

M. Minorities and indigenous peoples

74. The HR Committee recommended that Israel respect the Bedouin population’s right to their ancestral land and traditional livelihood based on agriculture. 139 CESCR made similar recommendations.140 CERD recommended that Israel ensure equal access of Bedouin communities to education, work, housing and public health, and withdraw the discriminatory proposed 2012 Law for the Regulation of the Bedouin Settlement in the Negev.141

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75. In 2011 the Special Rapporteur on the rights of indigenous peoples sent a communication regarding allegations that Bedouin people were being removed from their traditional lands.142 He thanked Israel for its response and noted its position that it did not accept the classification of its Bedouin citizens as indigenous people and that they did not have customary rights to lands in the Negev.143 He considered that the concerns of the Bedouin population fell within the ambit of concern of international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples.144

76. In 2011, the Special Rapporteurs in the field of cultural rights, on the right to education and the human right to safe drinking water and sanitation and the Independent Expert on minority issues sent a joint communication regarding alleged threats of forced displacement and discrimination against the Bedouin of West Bank.145 Israel replied to that communication.146

77. CEDAW was concerned about the disadvantages faced by Bedouin women regarding education, employment, health and access to land.147 CESCR expressed similar concerns.148

N. Migrants, refugees and asylum seekers

78. CEDAW expressed concern about the disadvantages faced by female migrant workers, and the policy by which migrant workers who give birth must leave with their babies within three months of the birth or send their babies out of Israel so as to safeguard their work permits.149

79. CERD was concerned at the stigmatization of migrant workers on the basis of their country of origin, as suggested by the enactment of the 2012 Law to Prevent Infiltration, pursuant to which irregular asylum seekers could be imprisoned for at least three years. 150 In 2012, the Special Rapporteur on the human rights of migrants sent a communication regarding the use of detention for migrants, unaccompanied children and children entering the country with their family members defined as infiltrators.151 UNHCR expressed concern at the implementation of the amended 1954 Prevention of Infiltration Law 152 and recommended that it not be applied to persons seeking asylum.153

80. UNHCR referred to difficulties faced by asylum seekers with “conditional release” visas154 and recommended modifying regulations to ensure access to legal employment, social welfare services and health care for asylum seekers.155

81. UNHCR recommended incorporating into domestic law the definition of a “stateless person”, and establishing procedures to identify and ensure the protection of stateless persons.156

82. UNHCR recommended that Israel: ratify the 1961 Convention, review nationality legislation and procedures to ensure compliance with international standards and adopt policies that allow persons to submit proof to demonstrate their legal eligibility for nationality, both under the Law of Return (1950) and the Nationality Law (1952).157

83. UNHCR recommended that Israel allow for a permanent residence status for recognized refugees who have been able to integrate in Israel.158

O. Human rights and counter-terrorism

84. In 2012, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism requested follow-up information, including on: the definition of terrorism; interrogation methods; arrest and detention of security suspects, including children in the military court system; construction of a barrier and Jewish settlements in the OPT and its impact on the Palestinian people; use of force in

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counter-terrorism operations, including targeted killings; and demolition of housing and destruction of property as a means of combating terrorism.159

85. CRC urged Israel to ensure that any definition of terrorist crimes is brought into line with international norms.160

86. The HR Committee recommended that Israel ensure that definitions of terrorism and security suspects are limited to the countering of terrorism and the maintenance of national security and are in full conformity with the Covenant.161

61 ? CAT/C/ISR/CO/4, para. 19. See also A/HRC/20/14/Add.2, para. 26.62 ? CAT/C/ISR/CO/4, para. 14.63 ? CCPR/C/ISR/CO/3, para. 11.64 ? Ibid., para. 7.65 ? CAT/C/ISR/CO/4, para. 17.66 ? A/67/372, para. 53. 67 ? CAT/C/ISR/CO/4, para. 26.68 ? CEDAW/C/ISR/CO/5, paras. 40 and 41.69 ? OHCHR, “UN Committee on Israeli practices concerned about treatment of

Palestinian children in detention”, press release, 19 July 2012. 70 ? CEDAW/C/ISR/CO/5, paras. 20 and 21.71 ? E/C.12/ISR/CO/3, para. 18.72 ? A/HRC/10/8/Add.2, para. 84.73 ? CCPR/C/ISR/CO/3, para. 12.74 ? CAT/C/ISR/CO/4, para. 21.75 ? A/HRC/14/26/Add.1, paras. 543-614.76 ? CCPR/C/ISR/CO/3, para. 22.77 ? CAT/C/ISR/CO/4, para. 27.78 ? CRC/C/OPAC/ISR/CO/1, paras. 35 and 36.79 ? CAT/C/ISR/CO/4, para. 15.80 ? A/66/364, paras. 21-22.81 ? CERD/C/ISR/CO/14-16, para. 18.82 ? CCPR/C/ISR/CO/3, para. 15.83 ? E/C.12/ISR/CO/3, para. 20.84 ? CEDAW/C/ISR/CO/5, paras. 24 and 25.85 ? A/HRC/10/8/Add.2, para. 82.86 ? CEDAW/C/ISR/CO/5, paras. 48 and 49.87 ? E/C.12/ISR/CO/3, para. 22.88 ? CCPR/C/ISR/CO/3, para. 16.89 ? A/HRC/20/17/Add.2, para. 104. See also A/HRC/21/33.90 ? CCPR/C/ISR/CO/3, para. 14.91 ? Ibid., para. 8.92 ? CAT/C/ISR/CO/4, para. 30.93 ? A/HRC/13/68/Rev.1, para. 19.94 ? A/HRC/21/33, para. 18.95 ? CCPR/C/ISR/CO/3, para. 20.96 ? A/HRC/10/8/Add.2, para. 76.97 ? Ibid., para. 77.98 ? CERD/C/ISR/CO/14-16, para. 28.99 ? A/HRC/16/53/Add.1, paras. 206-215.100 ? CCPR/C/ISR/CO/3, para. 19.101 ? A/HRC/20/17/Add.2, para. 103.102 ? Ibid., para. 102. See also A/67/372, paras. 50-52. 103 ? CEDAW/C/ISR/CO/5, paras. 50 and 51. See also A/HRC/20/17/Add.2, para. 98.104 ? OHCHR, “New restrictions on NGOs are undermining human rights: Pillay”, press

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P. Situation in, or in relation to, specific regions or territories

87. In its resolution 19/16 of 22 March 2012, the Human Rights Council reiterated demands that Israel comply with its legal obligations under international law, as mentioned in the 9 July 2004 advisory opinion by the International Court of Justice and as demanded in General Assembly resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 October 2003, and that it immediately cease the construction of the wall in the OPT, including in and around East Jerusalem, dismantle the structure situated therein, repeal legislative and regulatory acts relating thereto, and make reparation for damage caused by the construction of the wall. The High Commissioner for Human Rights indicated in her fourth periodic report on the human rights situation in the OPT in December 2011, that Israel must fully

105 ? A/HRC/19/55/Add.2, paras. 204-205.106 ? E/C.12/ISR/CO/3, para. 9.107 ? Ibid., para. 13.108 ? Ibid., para. 16.109 ? CERD/C/ISR/CO/14-16, para. 19.110 ? E/C.12/ISR/CO/3, para. 24.111 ? Ibid., para. 17.112 ? Ibid., para. 29.113 ? CCPR/C/ISR/CO/3, para. 18.114 ? A/66/364.115 ? E/C.12/ISR/CO/3, para. 12. See also A/HRC/19/20, para. 59.116 ? Preliminary remarks on the mission to Israel and the Occupied Palestinian Territory

(30 January to 12 February 2012). Available from www.ohchr.org/en/NewsEvents/Pages/Dis-playNews.aspx?NewsID=11815&LangID=E.

117 ? E/C.12/ISR/CO/3, para. 17.118 ? A/HRC/13/54, para. 37.119 ? CERD/C/ISR/CO/14-16, para. 25.120 ? CEDAW/C/ISR/CO/5, paras. 28 and 29.121 ? CAT/C/ISR/CO/4, para. 33.122 ? E/C.12/ISR/CO/3, para. 26. See also A/HRC/19/20, para. 55.123 ? E/C.12/ISR/CO/3, para. 28.124 ? CERD/C/ISR/CO/14-16, para. 26.125 ? A/HRC/21/33.126 ? Ibid. See also A/67/372, paras. 47-49.127 ? E/C.12/ISR/CO/3, para. 31.128 ? CEDAW/C/ISR/CO/5, paras. 38 and 39.129 ? CERD/C/ISR/CO/14-16, para. 11.130 ? A/HRC/17/29/Add.1, paras. 73-80.131 ? A/HRC/18/51 and Corr.1, p. 137.132 ? E/C.12/ISR/CO/3, para. 35. See also CRC/C/OPAC/ISR/CO/1, paras. 26 and 27.133 ? CEDAW/C/ISR/CO/5, paras. 34 and 35.134 ? CCPR/C/ISR/CO/3, para. 23.135 ? A/HRC/20/17/Add.2, para. 108.136 ? E/C.12/ISR/CO/3, para. 36.137 ? Ibid., para. 10.138 ? Ibid., para. 34.139 ? CCPR/C/ISR/CO/3, para. 24.140 ? E/C.12/ISR/CO/3, para. 37.141 ? CERD/C/ISR/CO/14-16, para. 20.142 ? A/HRC/19/44, p. 17.143 ? A/HRC/18/35/Add.1, annex VI, paras. 24, 25 and 27.144 ? Ibid., para. 25.145 ? A/HRC/18/51 and Corr.1, p. 115.146 ? A/HRC/19/44, p. 158.147 ? CEDAW/C/ISR/CO/5, paras. 44 and 45.148 ? E/C.12/ISR/CO/3, para. 30.

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comply with the advisory opinion of the International Court of Justice with regard to the wall.162

88. The HR Committee and CEDAW reiterated that the view of Israel that the Convention is not applicable in the OPT is contrary to the views of treaty bodies and also of the International Court of Justice, which have all noted that obligations under international human rights as well as humanitarian law apply to all persons brought under the jurisdiction or effective control of a State party, and have stressed the applicability of the obligations of Israel under international human rights conventions to the OPT.163 CAT164, CERD165, CESCR166 and CRC167 made similar comments.

89. The Human Rights Council and the General Assembly have reaffirmed that the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War is applicable to the OPT, including East Jerusalem,168 and other Arab territories occupied by Israel since 1967.169

90. In 2009, the Human Rights Council held a special session on the human rights situation in the OPT, including East Jerusalem,170 as well as a special session on the grave violations of human rights in the OPT, including the aggression in the occupied Gaza strip.171 In its resolution 19/18 of 22 March 2012, the Council reiterated its call to implement all recommendations contained in the report of the United Nations Fact-Finding Mission on the Gaza Conflict172. Four progress reports on the implementation of the recommendations have been submitted by the Secretary-General;173 two reports by the committee of independent experts established to monitor and assess the proceedings undertaken by both Israel and the Palestinian side in the light of General Assembly resolution 64/254, including the independence, effectiveness, and genuineness of the investigations;174 and other reports by the High Commissioner for Human Rights.175 In 2012, the Secretary-General observed that the Council had not requested him to bring the Mission’s report to the attention of the Security Council176 and that the report of the Mission had been transmitted in 2009 to the Prosecutor of the International Criminal Court 177 and to the treaty bodies monitoring compliance with the human rights treaties to which Israel is a party.178 In its resolution 16/32, the Council recommended that the General Assembly reconsider the report of the Mission at its sixty-sixth session. The Mission also recommended in its report that the Council review progress as part of its universal periodic review process.179 Referring to the conclusions/recommendations of the 2009 United Nations Fact-Finding Mission on the Gaza Conflict, the HR Committee regretted that Israel

149 ? CEDAW/C/ISR/CO/5, paras. 42 and 43. 150 ? CERD/C/ISR/CO/14-16, para. 22.151 ? A/HRC/20/30, p. 67.152 ? UNHCR submission, pp. 1 and 4.153 ? Ibid., p. 4.154 ? Ibid., pp. 4-5.155 ? Ibid., p. 5.156 ? Ibid., p. 6.157 ? Ibid., p. 8.158 ? Ibid. p. 9159 ? A/HRC/20/14/Add.2, paras. 15-47.160 ? CRC/C/OPAC/ISR/CO/1, paras. 35 and 36.161 ? CCPR/C/ISR/CO/3, para. 13.162 ? A/HRC/19/20, para. 57.163 ? CCPR/C/ISR/CO/3, para. 5 and CEDAW/C/ISR/CO/5, para. 12.164 ? CAT/C/ISR/CO/4, para. 11.165 ? CERD/C/ISR/CO/14-16, para. 10.166 ? E/C.12/ISR/CO/3, para. 8.167 ? CRC/C/OPAC/ISR/CO/1, para. 4.168 ? Human Rights Council resolution 19/16.169 ? General Assembly resolution 66/77. 18

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had not yet conducted independent and credible investigations into serious violations of international human rights law.180

91. In 2009, 2010, 2011 and 2012, the Human Rights Council adopted resolutions on the Israeli settlements in the OPT, including East Jerusalem, and in the occupied Syrian Golan. In its resolution 19/17, the Council expressed concern at the expansion of settlements, and decided to dispatch an independent international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the OPT, including East Jerusalem.181 CERD reiterated that Israeli settlements in the OPT were illegal under international law and an obstacle to the enjoyment of human rights by the population.182

92. CERD remained concerned at the vulnerable situation of Syrian residents of the Occupied Syrian Golan and their unequal access to land, housing and basic services, and at the continued impact of the Citizenship Law on family ties, which continued to be disrupted as a consequence of the territory’s illegal annexation in 1981.183

93. CESCR recommended that Israel enable the Palestinian Authority to exercise its functions and powers emanating from the 1995 Interim Agreement.184

Notes

170 ? See http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/12/index.htm.171 ? See http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/9/index.htm.172 ? A/HRC/12/48.173 ? A/HRC/21/33. See also A/HRC/18/49, A/HRC/15/51, A/HRC/13/55.174 ? A/HRC/15/50 and A/HRC/16/24.175 ? A/HRC/15/52 and A/HRC/16/28.176 ? A/HRC/21/33.177 ? Ibid.178 ? Ibid.179 ? A/HRC/12/48, para. 1968 (e).180 ? CCPR/C/ISR/CO/3, para. 9. See also A/HRC/21/33, A/HRC/18/49, A/HRC/15/51,

A/HRC/13/55.181 ? A/HRC/19/17, paras. 4 and 9.182 ? CERD/C/ISR/CO/14-16, para. 4.183 ? Ibid., para. 29.184 ? E/C.12/ISR/CO/3, para. 32.

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